River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1887-05-26

JOINT RATES.
Such joint rates, fares and charges on
such continuous lines so filed as aforesaid
shall be made public by such common car
rlers when directed by said Commission, in
so far as may, In the Judgment of the Com
mission, be deemed practicable; and said
Commission shall from time 90 time pre-
scribe the measure OF publicity which shall
be given 10 such rates, fares, and charges.
or 10 such part of them as it may deem
i practicable for such common carriers TO
publish, and the places III
which they shall he published; but no com
mon carrier party 70 any such joint tariff
shall be liable for the failure OF any other
common carrier party thereto to observe
and adhere to the rates, fares, or charges
thus made and published
FAILURE TO FILE OR PUBLISH RATES.
Ifany such common carrier shall neglect
or refuse to file or publish its schedules or
tariffs OF rates. fares, and charges as pro
Vided IN this section, or any part of the
same, such common carrier shall, in add
ton to other penalties herein prescribed, be
subject to writ OF mandamTg 70 he issued
by any Circuit Court of the United States
IN the Judicial District wherein the princi-
pal Office of said common carrier is situated
or wherein such otfense may be committed,
aud II such common carrier be a foreign
corporation, in the judicial circuit wherein
such common carrier accepts traffic and
has an agent TO perform such service, TO
compel compliance with the aforesaid pro
Wis ions OF this section; and such writ shall
issue IN the name of the people of the United
States, at the relation of the Commissioners
appointed under the provisions of this act;
and failure 20 comply with its requirements
shall be punishable as and for a contempt;
aud the said Commissioners as complain
ants, may also apply, in any such ircuIt
Court Of tho United States. for a writ OF
Injunction against such common carrier.
- g-f-ia pc
celving or transporting property among
the several States and Territories of the
United States, or between the United
States and adjacent foreign countries, or
between ports of transhipment and of entry
and tue several States and Territories Of
the United States, as mentioned in the first
section of this act, until such common
carrier sh al have complied with the afOre-
said provisions of this section of this act.
COMBINATIONS rRoHIBIrED.
See. Z. That it shall be unlawful for any
common carrier subject to the provisions Of
this act to enter into any combination,
contract, or agreement, expressed or inn
pied, to prevent, by change Of time
schedule, carriage in different cars, or 10y
any other means or devices, the carriage of
freights from being continuous from the
place of shipment to the place of destina-
ton; and no break of bulk, stoppage, or
interruption made by such common carrier
shall prevent the carriage Of freights from
being and being treated as one continuous
carriage from the place of shipment 10 the
place of destination, unless such break,
stoppage, or interruption was made in good
faith for some necessary purpose, and
without any intent to avoid or un-
necessarily interrupt such continuous
carriage or to evade any of the provisions
Of this act.
LIABILITY FOR DAMAGES.
Goo o That in, .oea ANY ,.,,,,,,,o,, ,o ,.ffov
subject to the provisions OF this act shall do,
cause TO be done, or permit TO be done any
act, matter, or thing in this act prohibited
or declared 10 be unlawful, or shall omit TO
do any act. matter, or thing in this act re-
Qulted 10 be done, such common carrier
shall he liable 20 the person or persons
injured thereby for the full amount of
damages sustained in consequence of any
such violation of the provisions of this act,
together with a reasonable counsel or
attorneys fee, TO be fixed by the court IN
every case of recovery, which attorney
fee shall be taxed and collected as part OF
the costs in the case.
COMPLAINTS OR ACTIONS N COURT.
Sec 9. That any person or persons
claiming to be damaged by any common
carrier Jet to the provisions of this act
NAV either make complaint 10 the Com
missiol as hereinafter provided for, or may
bring suit in his or their own behalf for the
recovery Of the damages for which such
common carrier may be liable under the
provisions of this act in any District OF
Circuit Court of the United States OF com
petent Jurisdiction, but such person or
persons shall not have the right 10 pursue
both Of said remedies, and must ia each
case elect which one Of the two etEOds of
procedure herein provided for he or they
viii adopt.
TESTIMONY COMPULSORY.
In any such action brought for the re
the same shall be pending may compel any
director, officer, receiver, trustee, or agent
of the corporation or company defendant
in such suit TO attend, appear. and testify
in such case, and may compel the prOduc-
ton Of the books and papers of such cor
poration or company perty to such suit
the claim that any such testimony or
evidence may tend to criminate the person
giving such evidence shall not excuse such
witness from testifying, but such evidence
Dr testimony shall not be used against such
person on the trial Of any criminal pro-
ceeding.
PENALTY FOR VIOLATION or THIS ACT.
Sec. TO- That any common carrier sub
ject TO the provisions Of this act, or, when
ever such common ,arrier is a corporation,
any director or officer thereof, or any
receiver, trustee, lessee. agent, or person
acting for or employed by such corporation,
who, alone or with any other corporation,
company, person, or party, shall %ilifully
do or cause to be done, or shall willingly
suffer or permit 20 be done, any act,
matter, or thing ia this act prohibited or
declared to be unlawful, or who shall aid or
abet therein, or shall willfully omit or fail
to do any act, matter, or thing in this act
required to be done, or shall cause or
willingly suffer or permit any act, matter,
or thing so directed or required by this act
to be done or not to be so done, or shall and
or abet any such omission or failure, or
shall be guilty of any infraction OF this act,
or shall aid or abet there n, shall be deemed
guilty of a misdemeanoT, and shall, upon
conviction thereof in any district court of
the United States within the juris-
diction of which such ofiense was
committed, be subject to fine of
not to exceed five thousand dollars for each
otfense.
INTERSTATE COMMERCE CoMsussION.
Sec. H. That a Commission is hereby
created and established TO lie kLoE'u Is rhs
Inter State Commerce Commission, which
shall he composed OF five Commissioners,
who shall be appointed by the President by
and with the advice and consent of the
Senate. The Commissioners first appointed
under this act shall continue in Office for the
term of two, three, four, five. and six years,
respectively, from the first day Of January,
ammo Domini eighteen hundred and eighty
seven, the term of each to be designated by
the President; hut their successors shall be
appointed fer terms of years, except
that any person chosen TO fiji a vacancy
shall be appointed only for the unexpired
term Of the Commissioner whom he shall
succeed ANY commissioner NAV he re
moved by the President for ineiiiciency,
neglect of duty, or malfeasance in office,
Not more than three of the Commissioners
shall be appointed from the same political
party. No person in tie employ of or hold
ing any official relation 10 any common car
rier subject to the provisions of this act, or
OvvuinY stock or bonds thereof or who IL in
any manner pecuniarily interested therein,
shall enter upon the duties of or hold such
Office Gaid Commissioners shall not en-
gage III any other business, FQcatiOn, or
No vacancy in the Commits
sion shall impair the right of the remaining
Commissioners to exercise all the powers OF
the Commission.
POWERS or THE COMMISSION.
Sec. 70 That the Commission hereby
the management of the business of all com
mon carriers subject to the provisions OF
this act, and shall keep itself informed as to
the manner and method in which the same
is conducted, and shall have the right to
obtain from such common carriers full and
complete information necessary to enable
the Commission TO perform the duties and
carry ont the objects for which It was
created; and for the purposes Of this act the
Commission shall have power to require the
attendance and testimony of witnesses and
the production Of all books, pHEe1a, Lar.lfs,
contracts. agreements, ana documents re
lating to any matter under investigation,
and 70 that end may invoke the aid Of any
court of the United States in requiring the
attendance and testimony Of witnesses and
the production of books, paper, and docu-
ments under the provisions OF this section.
REFUSAL TO TESTIFY BEFORE COMMISSION.
And any Of the circuit courts Of the
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